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Question #1 – Family Based Immigration
Can I apply for green cards for my in-laws? I am a US Citizen and we are waiting for my spouse’s to get approved?
Answer #1 – No!
Eligible immediate relatives include the U.S. citizen’s:
- Unmarried child under the age of 21
- Parent (if the U.S. citizen is over the age of 21)
Question #2 – Green Card
Does Green Card processing duration depends on the country of birth or country of nationality?
Answer #2 – Chargeability is usually determined by country of birth. Exceptions are made to prevent the separation of family members when the limitation for the country of birth has been met.
Question #3 – Employment Based Green Card
If I wanted to sponsor an H-1B worker for employment under the EB-2 or EB-3, what is the first step in this process?
Answer #3 – The first step in the Employment Based Green Card process is the filing of the Labor Application with the Department of Labor after a good faith test of the U.S. Labor Market has been conducted and no willing, able or qualified U.S. workers are available for the position.
To further discuss all of the steps involved in the sponsorship process, please contact our office to schedule a consultation.
Question #4 – H1B Nonimmigrant Work Visa
What happens if my company lays me off while I am employed on an H-1B Visa?
Answer #4 – By sponsoring you, your employer agreed to be liable for the reasonable costs of your return transportation abroad if you are dismissed before the authorized stay.
Furthermore, if another company is interested in sponsoring your H1B visa, they may file an H-1B visa transfer petition with the USCIS on your behalf to take over sponsorship.
Question #5 – H1B Nonimmigrant Work Visa
If my H-1B was accepted under this year’s Cap, how long will it take for me to receive my Approval notice?
Answer #5 – Normal processing of H1B CAP cases takes 3-4 months from the time of filing the H1B CAP petition. Sometimes, approvals may be issued after October 1; it all depends upon the particular processing center and their backlog.
Question #6 – Child Status Protection Act
What is the Child Status Protection Act?
Answer #6 – According to the USCIS, The Child Status Protection Act (CSPA) amended the Immigration Nationality Act (INA) by changing who qualifies as a child for purposes of immigrant. This permits certain beneficiaries (see the glossary for a definition of the term “beneficiary”) to retain classification as a “child,” even if he or she has reached the age of 21.
Question #7 – Employment Based Immigration
My I-140 was recently approved. Can I apply for Adjustment of Status (AOS)?
Answer #7 – If your priority date is current, then yes, you may apply for Adjustment of Status by filing Form I-485 with the USCIS. If your priority date is not current, you must wait for it to become current before you can file your Adjustment of Status application.
Question #8 – NAFTA Professionals
What is the typical processing time for the approval of a TN Visa?
Answer #8 – It depends upon whether you are a Canadian Citizen or a Mexican Citizen. Canadian citizens may apply for a TN visa directly at the Canadian border; whereas, a Mexican citizen must apply for and receive a TN visa stamp in their passport at a Mexican Consulate.
Question #9 – F1 Student Visa
This fall, I will be enrolled in a US University on a student Visa. Can I get a job while I am taking classes?
Answer #9 – Speak with your Designated School Official (DSO), as certain on-campus employment may be possible.
Question #10 – Visa Bulletin
Where can I find the visa bulletin numbers?
Answer #10 – On the U.S. Department of State website: Visa Bulletin
MVP Law Group would like to thank everyone who contributed a question or comment.
Our next “Immigration Q & A Forum” is scheduled for Friday, January 3, 2020!
Please remember to submit your questions/comments on our H1B Visa Lawyer blog!